PUBLIC LAW L4 - Legal Professionals - LEGAL PROFESSIONALS & COURT PERSONNEL Flashcards
What is the role of the Legal Services Act 2007? (1)
It defines ‘reserved legal activities’ that can only be carried out by qualified legal professionals.
What do reserved legal activities include? (5)
Conveyancing, litigation, advocacy, probate and oaths administration.
What is contentious work? (2)
It is work for a solicitor which involves legal disputes, when two or more parties have a legal disagreement.
What is non-contentious work? (2)
It is work for a solicitor where the parties involved have no disagreement, but rather they each require a legal representation to make sure their legal interests are protected in a transaction.
Where do solicitors have rights of audience? (2)
Tribunals, magistrates’ courts, county court and coroners courts but not in the senior courts - crown court, high court, court of appeal or supreme court- until done additional assessment.
What is the ‘cab rank’ rule? (2)
It means that a barrister must accept any case referred by a solicitor if it is in their area of practice, if they are available and if a reasonable fee is payable.
What body regulates solicitors? (1)
SRA.
What body regulates barristers? (1)
BSB.
What body regulates legal executives? (1)
CILEx.
Are legal apprentices and paralegals legally qualified? (1)
No, but they can progress to achieve legal qualifications.
What are equality impact assessments and what are they important for? (3)
They are initiatives to increase diversity in the judiciary, which are carried out on all major changes to policies to ensure that the changes will not have adverse effects on any group. It is important for judicial diversity and independence.
What are the advantages of a merged profession of barrister and solicitor? (2)
Allowing clients to have continuity with one professional. It would save costs.
What are the advantages of not having a merged profession of barrister and solicitor? (3)
Barristers do not conduct litigation so they are able to attain a much higher level of experience and skill in advocacy. Independent barristers can perform advocacy and advisory work in which they specialise more efficiently and cheaply than solicitors because barristers’ overheads are lower. Members of the public do not know what barristers do and their specialisms so solicitors are needed to act as intermediaries to guide clients to the most suitable barrister.
